Category Archives: Civil Law

English Court’s interlocutory order maintainable: SC

The Supreme Court of India recently ruled that the execution of an order of an English Court related to a dismissal of challenge to its jurisdiction is ‘maintainable’ in Indian courts. Dismissing a number of arguments from the appellant, the … Continue reading

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Doctrine of Attractive Nuisance and Negligence dwelled upon: DHC

The Delhi High Court recently had an opportunity to dwell on the concepts of ‘doctrine of attractive nuisance’ and ‘negligence’ under the tort law. The Court was dealing a case wherein six children died due to drowning in open drains. Absolving the … Continue reading

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Interest not payable if agreed by parties: SC

The Supreme Court of India ruled that a party is not liable to pay interest to the other party if they have decided against paying interest on the amounts payable in the contract. “When parties to the contract had agreed … Continue reading

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Privacy Rights should be protected during litigation: DHC

Raising serious concerns over the disclosure of the most private and personal details by the parties during the matrimonial litigation and thus affecting the privacy rights, the Delhi High Court issued the below directions to the Family Courts in Delhi. … Continue reading

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Deceased Settlor’s estate can’t be assessed in a discretionary trust: SC

The Supreme Court of India recently held that in a discretionary trust where the trustee has retained the income and not disbursed it amongst  the beneficiaries, the value of assets cannot be assessed on the estate of the deceased settlor. “Merely … Continue reading

Posted in Civil Law, Company Law, Contract Law, Family Law, General Law, Income Tax Law, International Law | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

No time limit for usufructuary mortgagor to see redemption: SC

The Supreme Court of India clarified that the right of the usufructuary mortgagor to recover possession of the property commences when mortgage money is paid out of rents and profits or partly out of rents and profits and partly by … Continue reading

Posted in Civil Law, Contract Law, General Law, Real Estate | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 5 Comments

NCW can’t act as a court: BHC

The Bombay High Court recently ruled that the National Commission for Women (“NCW”) does not have “unbridled power” and is not entitled to arrive at final conclusions or grant reliefs that a civil or criminal court can. The Court’s ruling … Continue reading

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Contents of notice to include particular action proposed: SC

The Supreme Court of India ruled that principles of natural justice should be followed when show causing somebody, especially before blacklisting a person or entity, and the contents of such a notice to noticee shall include the particular action which … Continue reading

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Transfer of possession not essential under a gift: SC

A Large Bench of the Supreme Court of India clarified that the ‘transfer of possession’ of immovable property under a gift is not an essential prerequisite under Transfer of Property Act (“Act”) and does not affect the validity of a … Continue reading

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Parties not allowed to raise same issue before multiple forums: SC

In an important ruling, the Supreme Court of India clarified that a party seeking revocation of a patent should not be allowed to raise the same issue before different adjudicating forums, and in case of such multiple filings the appropriate … Continue reading

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